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-   -   Well DirectNic Shut Me Down (https://gfy.com/showthread.php?t=686803)

NoComments 12-15-2006 10:40 AM

Quote:

Originally Posted by jact (Post 11533047)
Sadly I do believe you're right Serge. I've been on the sidelines or involved in enough litigation in my lifetime to know that people can't help but interject their own skew on things.

Someone hearing you say the sky is blue could mean an unlimited number of things to an unlimited number of people, because "blue" is not a statically defined representation.


exactly my point.
There are two things one can do:
1) avoid trials at all costs
2) prepare for martyrdom or poverty, or both when one is getting sued by the government which has an unlimited resources and defendant has to spend millions sometimes and the win in court has a sizable price tag.

Thanks to the cheap lesson by Steve Cohen (sex.com) I always stuck to the 1st option.

RawAlex 12-15-2006 10:41 AM

Quote:

Originally Posted by jact (Post 11533068)
Ownership is subject to your regional law I do believe. That's another point I have requested clarification from council on, as it has bearing on everything we do.

Edit: If my bank doesn't like my curtains, they aren't going to foreclose. So ownership is a big issue in this I'd think.

Yes, but again, you are making a major mistake here. You are assuming that YOUR region has anything to do with it - it does not. The registration agreement that Slick entered into is executed in the state of Louisianna,

Quote:

GOVERNING LAW. This Agreement shall be governed by the federal laws of the United States and the laws of the State of Louisiana, without regard to any conflict of laws provisions.
You only have to go as far as the sex.com saga to realize that domains are not property in and of themselves, just something you are granted the rights to use in return for a yearly fee (a leasehold).

The registrar is much more like a landlord than a real estate agent, they don't sell and walk away, they lease, collect the rent, and make the sure everything works (and that things point to the domain servers we provide, etc). Both sides have some rights, both sides have obligations, and as a result both sides have the obligation to meet those rights.

jact 12-15-2006 10:42 AM

Quote:

Originally Posted by Winetalk (Post 11533124)
exactly my point.
There are two things one can do:
1) avoid trials at all costs
2) prepare for martyrdom or poverty, or both when one is getting sued by the government which has an unlimited resources and defendant has to spend millions sometimes and the win in court has a sizable price tag.

Thanks to the cheap lesson by Steve Cohen (sex.com) I always stuck to the 1st option.

I would personally prefer option 1, even if you win in court, your life could be permanently altered as you've said. It costs money to win, sometimes more money then you're entitled to in the end. I guess it boils down to, freedom ain't cheap.

jact 12-15-2006 10:44 AM

Quote:

Originally Posted by RawAlex (Post 11533136)
Yes, but again, you are making a major mistake here. You are assuming that YOUR region has anything to do with it - it does not. The registration agreement that Slick entered into is executed in the state of Louisianna,



You only have to go as far as the sex.com saga to realize that domains are not property in and of themselves, just something you are granted the rights to use in return for a yearly fee (a leasehold).

The registrar is much more like a landlord than a real estate agent, they don't sell and walk away, they lease, collect the rent, and make the sure everything works (and that things point to the domain servers we provide, etc). Both sides have some rights, both sides have obligations, and as a result both sides have the obligation to meet those rights.

Actually, you're assuming that I was assuming that it was MY region that mattered. :pimp

If they are like a landlord however, there are certain limitations placed on both parties, some say parties have overstepped, some say they have not. I'm merely trying to find out how it impacts my business with my registrar so I can continue or modify how I do business.

Gunni 12-15-2006 10:45 AM

Quote:

Originally Posted by RawAlex (Post 11533017)
Nope, but let's say you are RENTING an apparently, and the landlord comes just as some guy selling drugs comes out of your kitchen. Guess what? He would certainly have a good case for kicking your ass out.

Everyone makes the mistake of thinking that domains are bought property... they are not. They are leaseholds.

Renting is completely different and not compatible at all, for example you can not sell a rental contract but you can sell a domain name, you can't sell something that is not your property.

I know DN are not based in California, and I can't really bother lokking into laws regarding how things work in Atlanta or where ever they're based.
But the following sounds about right:
Quote:

There are several important lessons to be drawn from the sex.com case.

What must domain registrars now do?

Domain name registrars can no longer sit back and do nothing when there is a dispute over a domain registration, and certainly never simply transfer the domain to another without investigation of that person's legal right. A registrar faces liability for conversion of a property right in the domain name, under CA common law.

What is considered conversion under CA common law?

To establish conversion, a plaintiff must show "ownership or right to possession of property, wrongful disposition of the property right and damages." "Disposition" may involve the taking of the property, but also covers any actual interference with the ownership/property right, including destruction, alteration or transfer (as well as unauthorized use and refusal to return after demand).

Klen 12-15-2006 10:45 AM

Intresting,i was just read one old tutorial on gfy how directnic is better of other registars like godaddy and other cheap registers,and now this happen.

sarettah 12-15-2006 10:45 AM

Quote:

Originally Posted by jact (Post 11533068)
.If my bank doesn't like my curtains, they aren't going to foreclose. So ownership is a big issue in this I'd think.


But the neighborhood association, which has no ownership rights, can kick you out for that.

You gave them the right when you purchased the house and signed the neighborhood association agreement (which if you didn't do you would not have been able to buy the house - whch is why a big buying point on my house was no neighborhood association)

RawAlex 12-15-2006 10:46 AM

Quote:

Originally Posted by directfiesta (Post 11533113)

On the other hand, if the landlord wants to be a vigilante, he can ask ( I repeat ASK, not kick out ) that the renter vacate the premises. In case of refusal, back to the cops.

But there is one hing I know that the landlord cannot do is to put a new lock on his door, preventing him from accessing his dewling and property... unless the landlord has a court order ( and in certain states with a sheriff )...

PS: did you get your wire ?

Here's the thing. In order to remove someone from an apartment, there is a process, spelled out in law and in the rental agreement. In domains, there is a process... spelled out mostly in the rental agreement, because outside of sex.com and a few others, there is little beyond straight contract law supporting this stuff.

The landlord needs to do what the landlord needs to do. He doesn't say "well, maybe the electric company guy will say something" or "maybe the guy next door will do something", he takes action. He doesn't pass the buck. Passing the buck is one of the ways you end up with drug infested slums... but that is for another discussion.

Which wire?

sarettah 12-15-2006 10:47 AM

Quote:

Originally Posted by Gunni (Post 11533152)
Renting is completely different and not compatible at all, for example you can not sell a rental contract but you can sell a domain name, you can't sell something that is not your property.


But many rental contracts you can sublet :thumbsup

NoComments 12-15-2006 10:47 AM

Quote:

Originally Posted by jact (Post 11533137)
I would personally prefer option 1, even if you win in court, your life could be permanently altered as you've said. It costs money to win, sometimes more money then you're entitled to in the end. I guess it boils down to, freedom ain't cheap.


yes, and to extend the same logic,
winning popularity contest on GFY, as I believe Slick has done, doesn't prevent one from the legal actions in real life and the outcome of those actions might be 180 degrees different than the populace of GFY has predicted.

I'm sure the smart ones will learn the lesson for the future and cheap,
while those who won't become the martyrs we'll be remembering in our yearly prayers.

Can anybody post the link on GFY where everybody praise all "fallen heros"?
I'd like to read it.

Peaches 12-15-2006 10:47 AM

Quote:

Originally Posted by jact (Post 11533102)
A fine and a lien is a far cry from removal of property though. However; that is a valid point.

There have been people who've lost their homes due to the liens being more than the house is worth. That's pretty much "removal of property" to me.

directfiesta 12-15-2006 10:51 AM

Quote:

Originally Posted by sarettah (Post 11533156)
But the neighborhood association, which has no ownership rights, can kick you out for that.

No, they can't... But they can sue to enforce regulations. Meanwhile, unless an injunction is obtained, the curtains stays up.

jact 12-15-2006 10:52 AM

Quote:

Originally Posted by sarettah (Post 11533156)
But the neighborhood association, which has no ownership rights, can kick you out for that.

You gave them the right when you purchased the house and signed the neighborhood association agreement (which if you didn't do you would not have been able to buy the house - whch is why a big buying point on my house was no neighborhood association)

I'll have to take your word for it, I've never lived in a house with a neighborhood association agreement, I've only heard of that for townhouses and condos in Canada.

jact 12-15-2006 10:53 AM

Quote:

Originally Posted by Winetalk (Post 11533173)
yes, and to extend the same logic,
winning popularity contest on GFY, as I believe Slick has done, doesn't prevent one from the legal actions in real life and the outcome of those actions might be 180 degrees different than the populace of GFY has predicted.

I'm sure the smart ones will learn the lesson for the future and cheap,
while those who won't become the martyrs we'll be remembering in our yearly prayers.

Can anybody post the link on GFY where everybody praise all "fallen heros"?
I'd like to read it.

Slicks real world practical experience will indeed be much different then his GFY fame.

directfiesta 12-15-2006 10:55 AM

Quote:

Originally Posted by Peaches (Post 11533175)
There have been people who've lost their homes due to the liens being more than the house is worth. That's pretty much "removal of property" to me.

Again, liens are obtained by court orders ( unless you are the actual government for what is about my province ) and can be fought and overturn.
Meanwhile, the person can still live in the premises ....

CDSmith 12-15-2006 10:56 AM

Quote:

Originally Posted by RawAlex (Post 11533017)
Nope, but let's say you are RENTING an apparently, and the landlord comes just as some guy selling drugs comes out of your kitchen. Guess what? He would certainly have a good case for kicking your ass out.

Everyone makes the mistake of thinking that domains are bought property... they are not. They are leaseholds.

You do have a hardon for arguing down to the split hairs, I'll give you that.

Peaches 12-15-2006 10:56 AM

There have also been cases where the HOA has gone and mowed unslightly grass, repainted a house, etc. and charged the homeowner for doing so. Homeowner won't pay - lien on property.

Right now there's a $50K lien on a guy in my subdivision because he decided to clear cut his back yard.

And BTW, many have rules for what you put on your windows too. I lived in one neighborhood where every window seen from the street had to have a white backing. And yes, they could fine you until you removed it and if you wanted to play hardball, the fine could be more than your house was worth.

A TOS can and has been held up in courts - it's been that way for decades, here in GA.

Peaches 12-15-2006 10:59 AM

Quote:

Originally Posted by directfiesta (Post 11533228)
Again, liens are obtained by court orders ( unless you are the actual government for what is about my province ) and can be fought and overturn.
Meanwhile, the person can still live in the premises ....

Sure, they can live there. But what do you do when you go to sell your house that's worth $100K and has $150K worth of liens on it??

So far, HOA liens in GA have been VERY strong. I've seen very few, if any cases, where they've been overturned.

NoComments 12-15-2006 10:59 AM

Quote:

Originally Posted by jact (Post 11533219)
Slicks real world practical experience will indeed be much different then his GFY fame.

let's look at the positve side:

Hey, this builds charecter.

Brad Shaw lost $25,000 to Dave Purehardcore, brought his apologies to him on all adult boards and...
look at him now
;)

scottybuzz 12-15-2006 11:01 AM

fuck me - i have 6 pages of bitching to read since I last read this thread, can someone summarise if for me please?

aico 12-15-2006 11:03 AM

wow, you guys are still arguing over the same bullshit opinions.

John69 12-15-2006 11:06 AM

Quote:

Originally Posted by Peaches (Post 11533250)
Sure, they can live there. But what do you do when you go to sell your house that's worth $100K and has $150K worth of liens on it??

So far, HOA liens in GA have been VERY strong. I've seen very few, if any cases, where they've been overturned.

Peaches your beating a dead horse, look at these replies here.

Jace 12-15-2006 11:07 AM

Quote:

Originally Posted by aico (Post 11533277)
wow, you guys are still arguing over the same bullshit opinions.

it is funny to watch though, isn't it

I gave up on the arguing part a while ago, I am just reading now....and boy is it a fun read, a little monotonous, but fun

directfiesta 12-15-2006 11:10 AM

Quote:

Originally Posted by Peaches (Post 11533250)
Sure, they can live there. But what do you do when you go to sell your house that's worth $100K and has $150K worth of liens on it??

So far, HOA liens in GA have been VERY strong. I've seen very few, if any cases, where they've been overturned.

I have np problem with that . As a past Condo association president, I did put liens on condos ( thru the courts ) ang got it sold by sheriff ( starting price is 25% of evaluation- no reserve ). THe bank contested the liens, because they became suddemly in second position on their loan...

To summarize, all that was done legally in court.

DN should have done that, and supply court papers to Slick :2 cents:

NoComments 12-15-2006 11:12 AM

Quote:

Originally Posted by scottybuzz (Post 11533264)
fuck me - i have 6 pages of bitching to read since I last read this thread, can someone summarise if for me please?

ok, I;'ll try..

you an idiot!

no, it';s you who is an idiot!

this would cover at least 4 pages you mised.

RawAlex 12-15-2006 11:13 AM

Quote:

Originally Posted by CDSmith (Post 11533234)
You do have a hardon for arguing down to the split hairs, I'll give you that.

No, I have a hardon against misinformation and mistaken assumptions. Everyone in this has assumed that Directnic was trying to do a 2257 inspection (they were not, from everything I have seen... only trying to enforce the terms agreed to into their registration agreement), and just about everyone thinks they OWN a domain. They own the rights to use a domain, an ongoing agreement, with the contractual rights to reassignment (ie, selling the rights) but they don't actually own the domain.

It might seem like splitting hairs, but it is the difference between a girl talking about getting pregnant and actually having twins.

tranza 12-15-2006 11:13 AM

Well, one thing is for sure: you WERE trading with sites that had CP. You had no 2257 links what so ever and a lot of your thumbs looked like CP.

If you play with fire you've got to be able to handle the heat.

:2 cents:

Dennis69 12-15-2006 11:15 AM

Quote:

Originally Posted by RawAlex (Post 11533164)
Here's the thing. In order to remove someone from an apartment, there is a process, spelled out in law and in the rental agreement. In domains, there is a process... spelled out mostly in the rental agreement, because outside of sex.com and a few others, there is little beyond straight contract law supporting this stuff.

The landlord needs to do what the landlord needs to do. He doesn't say "well, maybe the electric company guy will say something" or "maybe the guy next door will do something", he takes action. He doesn't pass the buck. Passing the buck is one of the ways you end up with drug infested slums... but that is for another discussion.

Which wire?

Man I have to give you credit... you would argue your way out of a paper bag, no matter if you are wrong or right!

scottybuzz 12-15-2006 11:19 AM

Quote:

Originally Posted by Winetalk (Post 11533328)
ok, I;'ll try..

you an idiot!

no, it';s you who is an idiot!

this would cover at least 4 pages you mised.

lol - right great ok :1orglaugh

i think we all just better wait till slick comes back and tells us what his lawyer has said etc.

This is a huge grey area. and one that will unravel in time.

CDSmith 12-15-2006 11:19 AM

Quote:

Originally Posted by tranza (Post 11533339)
Well, one thing is for sure: you WERE trading with sites that had CP. You had no 2257 links what so ever and a lot of your thumbs looked like CP.

If you play with fire you've got to be able to handle the heat.

:2 cents:

Wrong, there were links to 2257 statements on every single gallery linked from Slick's sites.

But thanks for your page 11 two cents. :D

Webby 12-15-2006 11:23 AM

Quote:

Originally Posted by RawAlex (Post 11533088)
Webby, I care very much about what people say because it is a feeding frenzy. Maybe you have never seen these things before, but people all pile onto one side of a discussion, and are about ready to hang the other side by their balls... and in the end, turns out things aren't exactly like the "offended" person said, and things are much different in the end.

I don't expect there to be 3 or 4 10 page threads if it turns out Directnic was in the right.

My feeling is that there is way more to this story than Slick is telling us, and until we know that, much is speculation based on only the information he is providing. The silence from Directnic is deafening and also very likely with reason or purpose. Very few people have taken a moment to consider what that silence means. Most just brush it off as an admission of guilt.

There are three sides to every story... and so far we haven't even heard all of 1 side. Rushing to get the lynching ropes out is putting the cart far before the horse.

I agree with you that we do not know the complete story and there is plenty group think floating around based on the facts known so far - that's not unusual.

Slick's lawyers will work on his case and as part of that, presumably establish the details of any alleged criminal offenses which may be known by DirectNic - or otherwise. Legal negotiations/strategy is not our biz.

No doubts DirectNic will eventually make a diplomatic statement justifying every action they have taken. That also is normal - do you expect them to admit any liability?

The issue of Slick and that of the actions of DirectNIC are separate (tho combined in this scenario). One is about possible CP issues, the other is about the actions of a domain registrar. Slick's issue will probably be ongoing for some time.

On the DirectNic side, they have already stated their position by email and acted upon it and it's not in doubt. The conduct of their staff is below the level of a swamp when accusing clients who wish to remove domains that they "support child pornography". The conduct of their General Counsel concerning clients who wish to remove domains, is pathetic, but hardly a surprise.

DirectNic have elected to be protectors of public morals with admirable and righteous aims of stopping child pornography. That is their choice - in which case they need to start the DirecticNiC Center For Exploited Children and forget reporting offenses to law enforcement and just elect to act as LE. I strongly suggest that 50% of all DirectNic revenue be donated to such wonderful causes and DN status revert to a charity.

Whatever DirectNic say or don't say, is now irrelevant. They have made their bed - it's time to sleep in it. Webmasters pay for domains from registrars - they don't pay to listen to the opinion of the registrars. If there is an problem concerning domain content - anyone is free to report that issue to the relevant authority. DirectNic failed to do so.

Bottom line - who needs a registrar where their staff suggest people support child porn, they can't give contact point of responsible officers and their General Counsel behaves like an idiot? Nobody - only a fool. There is no reason to consider placing domains in the hands of idiots with an opinion - they can't be trusted.

scottybuzz 12-15-2006 11:27 AM

Quote:

Originally Posted by CDSmith (Post 11533374)
Wrong, there were links to 2257 statements on every single gallery linked from Slick's sites.

But thanks for your page 11 two cents. :D

i thought that one of his pages had some links then said we will update this 2257 page soon and then it said last updated may the 4th.


?

tranza 12-15-2006 11:29 AM

Quote:

Originally Posted by CDSmith (Post 11533374)
Wrong, there were links to 2257 statements on every single gallery linked from Slick's sites.

But thanks for your page 11 two cents. :D

Dude, was he hosting porn images or not?

If he hosts porn images he should have 2257 info ON HIS SITE.

And HE WAS linking to sites with CP.

As simple as that.

RawAlex 12-15-2006 11:32 AM

Webby, all I can say is this: I wish you would apply the same standards to Slick as you do to Directnic. He too made his bed, and he has to lay in it.

Your entire accusations against Directnic are based on (a) the charges of Slick, status questionable, and (b) an email that was never copied, lost in an apparent disk crash.

I am thinking that there is way more to know, and your jump to a conclusion on Directnic (or on Slick) is way early in the game.

CDSmith 12-15-2006 11:34 AM

Quote:

Originally Posted by tranza (Post 11533455)
Dude, was he hosting porn images or not?

If he hosts porn images he should have 2257 info ON HIS SITE.

And HE WAS linking to sites with CP.

As simple as that.

"dude", I'm not going to start the entire argument over with you. Every single point you're raising has already been addressed in these threads ad nauseum. In light of that your johnny-cum-lamely comments are about as useful as tits on a towtruck.

Webby 12-15-2006 11:39 AM

Quote:

Originally Posted by RawAlex (Post 11533474)
Webby, all I can say is this: I wish you would apply the same standards to Slick as you do to Directnic. He too made his bed, and he has to lay in it.

Your entire accusations against Directnic are based on (a) the charges of Slick, status questionable, and (b) an email that was never copied, lost in an apparent disk crash.

I am thinking that there is way more to know, and your jump to a conclusion on Directnic (or on Slick) is way early in the game.

I can't apply the same standard to Slick - I don't know the details about any alleged offenses - and neither do you. It's an ongoing issue.

DirectNic is not in doubt - that facts are known and they have acted on their "opinion". I contacted DN myself to establish some elements - their response was abysmal, (read DUMBO) and certainly not a company I'd trust with domains.

tranza 12-15-2006 11:44 AM

Quote:

Originally Posted by CDSmith (Post 11533489)
"dude", I'm not going to start the entire argument over with you. Every single point you're raising has already been addressed in these threads ad nauseum. In light of that your johnny-cum-lamely comments are about as useful as tits on a towtruck.

Lol, sorry if I don't live on the boards 24/7. Some of us actually work hard and make money from porn.

I'll never be pro-CP. He linked to sites with CP pictures, he never denied it. His replies were like: "I'm sorry for not being able to check hundreds of trades every single day to see if they had CP". And that's total bullshit when most of the sites he linked had CP and his own pictures played with the idea of CP.

But it's nice to see where you stand.

CDSmith 12-15-2006 11:48 AM

Quote:

Originally Posted by Webby (Post 11533395)
DirectNic have elected to be protectors of public morals with admirable and righteous aims of stopping child pornography. That is their choice - in which case they need to start the DirecticNiC Center For Exploited Children and forget reporting offenses to law enforcement and just elect to act as LE. I strongly suggest that 50% of all DirectNic revenue be donated to such wonderful causes and DN status revert to a charity.

Just playing devil's advocate here, but you could also view it this way:

Directnic, acting in their own best interest after allegedly recieving a complaint, has decided to withhold service on one of their customers, which they have every right to do so under their terms of service agreement. No moral crusade, no self-riteous arm of the law for the entire industry, just a company not wanting to knowingly enable anyone to publish "questionable" materials until they can look into it and determine just how questionable those materials are.

They certainly do reserve that right in their TOS, as does the TOS/AUP of virtually every other registrar and adult hosting provider I've looked at lately, and I've looked at several believe me.

I can't say I much care for the way they shut him down though and are holding his domains hostage. Will be interesting to see how this all plays out and what Slick's lawyer will come up with. There's a solution in all this somewhere, glad I'm not the one having to sift through all the facets to make a judgement on it though. I've got a headache already from it.

CDSmith 12-15-2006 11:50 AM

Quote:

Originally Posted by tranza (Post 11533559)
Lol, sorry if I don't live on the boards 24/7. Some of us actually work hard and make money from porn.

I'll never be pro-CP. He linked to sites with CP pictures, he never denied it. His replies were like: "I'm sorry for not being able to check hundreds of trades every single day to see if they had CP". And that's total bullshit when most of the sites he linked had CP and his own pictures played with the idea of CP.

But it's nice to see where you stand.

Always the idiot eh Tranza?

"nice to see where you stand" --- you are being a tool right there, did you know that?

Admit you haven't read any posts here, nor have you obviously read any of mine yet you're going to sit behind your keyboard and cock off?

Why can guys like you never ever seem to just get a clue?

Here, I'll provide one for you --- If you're too busy and important to actually read the thread, why not keep your lameass comments to yourself?

tranza 12-15-2006 11:51 AM

Quote:

Originally Posted by CDSmith (Post 11533489)
"dude", I'm not going to start the entire argument over with you. Every single point you're raising has already been addressed in these threads ad nauseum. In light of that your johnny-cum-lamely comments are about as useful as tits on a towtruck.

Lol, sorry if I don't live on the boards 24/7. Some of us actually work hard and make money from porn.

I'll never be pro-CP. He linked to sites with CP pictures, he never denied it. His replies were like: "I'm sorry for not being able to check hundreds of trades every single day to see if they had CP". And that's total bullshit when most of the sites he linked had CP and his own pictures played with the idea of CP.

But it's nice to see where you stand.


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